Food Act 2014

Provisions relating to recognition, territorial authorities, administration, and enforcement - Recognised agencies, persons, and classes of persons - Performance of specified functions and activities

155: Duties of recognised agencies

You could also call this:

"What recognised agencies must do to follow the law"

Illustration for Food Act 2014

When you are a recognised agency, you must do certain things when carrying out your specified functions and activities. You must only do tasks that you are allowed to do and make sure you have enough resources to do them. You must also keep the information you get or create safe and private.

You must have systems in place to manage any conflicts of interest that might come up. You have to follow all the rules in the Food Act 2014 that apply to you.

When you manage and supply recognised people to carry out tasks, you must make sure they keep up with all the requirements they need to do their job. You must not put them in a situation where they might not be able to make fair and independent decisions.

There are more duties that apply to you, which are explained in section 156, but only if you are doing the tasks yourself, not if you are just managing or supplying someone else to do them.

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156: Duties of recognised persons, or

"What recognised people must do to follow the law and do their job fairly and safely"

Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Recognised agencies, persons, and classes of persons: Performance of specified functions and activities

155Duties of recognised agencies

  1. When carrying out its specified functions and activities, a recognised agency must ensure that it—

  2. carries out only functions and activities that are within the scope of those specified; and
    1. is adequately resourced and its systems are maintained to a level that ensures it is able to carry out those functions and activities; and
      1. has documented policies and procedures to safeguard the confidentiality of the information obtained or created while carrying out those functions and activities; and
        1. has systems, processes, and procedures to manage appropriately any conflict of interest that might arise while carrying out those functions and activities; and
          1. complies with all applicable requirements of this Act.
            1. When carrying out its specified functions and activities, a recognised agency must also ensure that each recognised person that the agency manages and supplies (if any)—

            2. maintains all competency requirements applicable to his or her recognition; and
              1. is not placed in a position or a situation that compromises his or her impartiality and independence in carrying out his or her specified functions and activities.
                1. The duties in section 156 apply to a recognised agency (in addition to the duties in subsection (1)), but only to the extent that the agency is recognised to carry out its specified functions and activities itself (instead of being recognised to manage or supply a recognised person to carry out its specified functions and activities).